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Personal jurisdiction is a court's jurisdiction over the parties, as determined by the facts in evidence, which bind the parties to a lawsuit, ...
This personal jurisdiction is specific to the act, and a party cannot be sued for unrelated activity. In many instances, state long-arm statutes extend personal jurisdiction to the extent allowed by the U.S. Constitution. There are two kinds of personal jurisdiction, general and specific jurisdiction: [2]
Under these circumstances, the court found that personal jurisdiction was proper under a theory of national jurisdiction: the defendant had targeted the U.S. at large from outside of the territory and intended to avail himself of the opportunity of selling test answers to a U.S. graduate school entrance test to his most likely customers: Americans.
Because the need for minimum contacts is a matter of personal jurisdiction (the power of the court to hear the claim with respect to a particular party) instead of subject matter jurisdiction (the power of the court to hear this kind of claim at all), a party can explicitly or implicitly waive their right to object to the court hearing the case.
The Due Process Clause of the 14th Amendment limits the power of a state court to exercise personal or in personam jurisdiction against a nonresident defendant. A state court may exercise personal jurisdiction over a nonresident only so long as there exist "minimum contacts" between the defendant and the forum state.
Pennoyer v. Neff, 95 U.S. 714 (1878), was a decision by the Supreme Court of the United States in which the Court held that a state court can only exert personal jurisdiction over a party domiciled out-of-state if that party is served with process while physically present within the state.
Zippo is a landmark opinion regarding personal jurisdiction for courts deciding Internet-oriented disputes, and it is one of the most frequently cited Internet law precedents. The case established a standard of jurisdictional analysis now known as the "Zippo test," or the "Zippo sliding scale test."
Burnham v. Superior Court of California, 495 U.S. 604 (1990), was a United States Supreme Court case addressing whether a state court may, consistent with the Due Process Clause of the Fourteenth Amendment, exercise personal jurisdiction over a non-resident of the state who is served with process while temporarily visiting the state.